NJ Terroristic Threats Charge Dismissed – William Fay, Esq.

Victory in Court: Terroristic Threats Charge Dismissed in New Jersey

Facing a Terroristic Threats charge in New Jersey is a serious and frightening experience. It’s a third-degree crime in most cases, carrying the potential for years in state prison and a felony record. However, as experienced New Jersey criminal defense attorney William Fay, Esq. knows, an arrest is not a conviction.

We are proud to announce a recent, significant victory: a Terroristic Threats charge (N.J.S.A. 2C:12-3) against our client was dismissed in New Jersey court. This successful outcome underscores the importance of a vigorous and strategic defense when your freedom and future are on the line.

What is a Terroristic Threats Charge in New Jersey?

The crime of Terroristic Threats is defined under N.J.S.A. 2C:12-3 and typically involves making a verbal, written, or even electronic threat of violence.

There are two main ways a person can be charged:

• Threatening a Crime of Violence to Cause Terror: A person threatens to commit any crime of violence with the purpose to terrorize another person, or in reckless disregard of the risk of causing such terror. This includes threats to damage property or cause serious public inconvenience.
• Threatening to Kill: A person threatens to kill another with the purpose to put them in imminent fear of death, under circumstances that reasonably cause the victim to believe the threat is likely to be carried out immediately.

Many of these cases arise from heated arguments, domestic disputes, or misinterpreted comments made in the heat of the moment, such as a verbal confrontation with a neighbor or a text message sent out of frustration. Law enforcement, however, is instructed to take these threats very seriously.

Why Was the Terroristic Threats Case Dismissed?

In this recent case, the prosecution was unable to meet its high burden of proof beyond a reasonable doubt. While the specifics of every case are unique and confidential, successful defense strategies often challenge the fundamental legal elements the State must prove, such as:

• Lack of Intent (Mens Rea): The defense may argue the defendant lacked the purpose to terrorize or to place the alleged victim in imminent fear of death. A statement made in fleeting anger or an idle boast may not meet the required legal standard for a “true threat.”
• Unreasonable Fear: The defense can argue that the circumstances surrounding the alleged threat were such that a reasonable person would not have believed the threat was immediate and likely to be carried out. For example, the threat was clearly conditional, physically impossible, or simply an exaggerated expression of frustration.
• Context and Credibility: A thorough investigation can reveal the circumstances and context of the statement, potentially showing the words were taken out of context or that the complaining witness’s account is not credible.

Through Attorney William Fay’s diligent investigation and persuasive legal arguments, the weaknesses in the State’s case were exposed, resulting in the dismissal of the criminal charges.

The Critical Importance of a Dismissal and Expungement

A dismissal is the best possible outcome for anyone facing a criminal charge in New Jersey. A conviction for a Third-Degree Terroristic Threat charge carries devastating consequences, including:

• 3 to 5 years in New Jersey State Prison.
• A felony criminal record that negatively impacts future employment, housing, and professional licenses.
• Fines up to $15,000.
• The issuance of a Temporary Restraining Order (TRO), often resulting in parallel legal proceedings.

Even After Dismissal, You Need to Take Action

While a dismissal means you have avoided a conviction, the arrest record for the original charge still exists in the public record.

A major benefit of a dismissal is the ability to apply for an expungement soon after the case is closed. An expungement legally seals the records of the arrest and the charge, allowing you to legally state that the event never occurred (with limited exceptions). This is the final step to truly clear your name and protect your future.

Contact an Experienced New Jersey Criminal Defense Attorney

If you or a loved one is facing Terroristic Threats charges or any other serious criminal offense in New Jersey, you need aggressive and experienced legal counsel immediately. Attorney William Fay, Esq. has a proven track record of securing favorable outcomes, including dismissals, by meticulously challenging the State’s evidence.

Don’t wait to fight for your future. Call William Fay, Esq. today for a confidential consultation.